DOJ orders lower bail for “indigent” crime suspects

On Feb 27, 2023

Department of Justice Secretary Jesus Crispin Remulla giving a send-off gift to one of the 340 former prisoners at the National Bilibid Prison he approved for release as part of his reforms at the Justice Department, January 23, 2023. On assumption of office last year, Remulla immediately ordered a review of the status of all ‘persons deprived of liberty’ (PDLs) all over the country and for them to be released immediately if warranted. Besides him is PAO chief, Atty. Persida Acosta while partly hidden (left) is BuCor director general Gregorio Catapang (photo credit: DOJ Twitter account).

DEPARTMENT of Justice (DOJ) Secretary Jesus Crispin Remulla has issued a directive mandating all prosecutors to reduce by half the bail for “indigent” crime suspects or fix the amount to P10,000, whichever is lower, “in the interest of social justice and to afford justice for all.”

Under Department Circular No. 11 dated February 20, 2023, Remulla also instructed all prosecutors to maximize the use of RA 10389 of the ‘Recognizance Act of 2012’ that recognized and guaranteed a crime suspect’s right to be released on recognizance, except those charged with crimes punishable by death, reclusion perpetua or life imprisonment.

The move is also expected to help decongest the country’s various detention facilities, the justice chief noted, as reports from the Bureau of Corrections (BuCor) and the Bureau of Jail Management and Penology (BJMP) acknowledged “serious over population in our jail and detention facilities.”

In pushing for this major revision, Remulla likewise noted that bail prior to the filing of any criminal information is “merely recommendatory.”

Under the new rules, the investigating prosecutor would have to first determine if an accused is qualified to claim indigency as certified by the local barangay or the Department of Social Welfare and Development (DSWD).

Prosecutors are also required to consider other evidence of indigency such as, but not limited to, latest income tax return, pay slip “or other suitable proof of income.”

However, the same provision would not cover respondents who are “habitual delinquent or recidivist.”

The bail bond for the qualified beneficiaries of the new rules would be computed at half (50 percent) of the bail recommended under the DOJ’s 2018 Bail Bond Guide or at P10,000 “whichever is lower.” The fact of indigency shall also be noted by the prosecutor alongside the recommended bail.

Except for criminal information where the penalty is death, reclusion perpetua or life imprisonment, Remulla also reminded prosecutors that they are “duty-bound” to ensure that only applications for release on recognizance would be submitted for consideration by the court.

Prior to this, Remulla acknowledged that during their dialogue with the Supreme Court last January 27, 2023, called on the DOJ to “revisit” its 2018 Bail Bond Guide.

Under Administrative Circular 38-2020, the SC had similarly ordered the lower courts to impose reduce bail for poor or indigent suspects.

The revision is also expected to reduce the burden placed on the Public Attorney’s Office (PAO) as under existing rules, the PAO is tasked to move for the lowering of bail for suspects without financial means.